Karnataka Judiciary Mock Test 2 — Questions & Solutions
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Nothing in the Code of Civil Procedure shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice. This is contained in
aSection 153 CPC
bSection 148 CPC
cSection 141 CPC
dSection 151 CPC
Answer: D
Section 151 CPC preserves the inherent powers of the Court to pass orders for the ends of justice or to prevent abuse of the process of the Court.
An appeal from a decree passed in second appeal by a Single Judge of the High Court is
amaintainable as a revision under Section 115 CPC
bmaintainable as a Letters Patent Appeal to a Division Bench
cnot maintainable, as no further appeal lies under Section 100A CPC
dmaintainable only with a certificate of fitness
Answer: C
Section 100A CPC bars any further appeal (including a Letters Patent Appeal) where an appeal has been heard and decided by a Single Judge of a High Court.
A plaint shall be rejected under Order VII Rule 11 CPC where
athe suit appears from the statement in the plaint to be barred by any law
bthe defendant fails to file a written statement within thirty days
cthe plaintiff is an indigent person
dthe suit is undervalued, in every case without opportunity to correct
Answer: A
Order VII Rule 11(d) CPC mandates rejection of a plaint where the suit appears from the plaint itself to be barred by any law; non-disclosure of cause of action and uncured valuation/stamp defects are the other grounds.
A set-off claimed in a written statement under Order VIII Rule 6 CPC must relate to
aany cross-claim, whether or not legally recoverable
bany unascertained claim for damages arising from the same transaction
can ascertained sum of money legally recoverable and within the pecuniary jurisdiction of the Court
da claim for immovable property of any value
Answer: C
Legal set-off under Order VIII Rule 6 CPC is confined to an ascertained sum of money legally recoverable, not exceeding the pecuniary limits of the Court's jurisdiction.
An application by a defendant to set aside an ex parte decree passed against him is to be made under
aOrder IX Rule 13 CPC
bOrder IX Rule 7 CPC
cOrder IX Rule 9 CPC
dOrder IX Rule 4 CPC
Answer: A
Order IX Rule 13 CPC enables a defendant against whom an ex parte decree is passed to apply for setting it aside; Rule 9 deals with restoration where the plaintiff's suit is dismissed for default.
An order made on adjudication of a claim or objection to the attachment of property under Order XXI Rule 58 CPC
ashall have the same force and be subject to the same conditions as to appeal as if it were a decree
bis open to challenge only by a separate suit
ccan be challenged only by revision under Section 115 CPC
dis final and not appealable
Answer: A
Order XXI Rule 58(4) CPC provides that the adjudication order has the force of a decree and is subject to the same conditions as to appeal, namely a miscellaneous appeal under Order XLIII Rule 1.
Where a plaintiff withdraws a suit without the permission of the Court to file a fresh suit on the same subject-matter, under Order XXIII Rule 1 CPC he shall
abe entitled to institute a fresh suit at any time within limitation
bbe entitled to restoration of the withdrawn suit
cbe liable to pay a penalty equal to the court fee
dbe precluded from instituting a fresh suit in respect of the same subject-matter
Answer: D
Under Order XXIII Rule 1(4) CPC, a plaintiff who abandons or withdraws a suit without leave to file afresh is precluded from instituting a fresh suit on the same subject-matter.
A temporary injunction restraining a defendant from alienating the suit property may be granted by the Court under
aOrder XXXIX Rules 1 and 2 CPC
bSection 151 CPC alone
cSection 38 of the Specific Relief Act only
dOrder XXXVIII Rule 5 CPC
Answer: A
Order XXXIX Rules 1 and 2 CPC empower the Court to grant temporary injunctions to restrain alienation, waste, damage or breach of contract pending the suit.
In an interpleader suit under Section 88 CPC, the plaintiff
amust claim a beneficial interest in the subject-matter
bseeks recovery of money from the defendants
cmust be one of the rival claimants to the subject-matter
dclaims no interest in the subject-matter other than charges or costs
Answer: D
An interpleader suit lies where the plaintiff claims no interest in the subject-matter (other than charges or costs) and two or more persons claim it adversely, so the Court may decide to whom payment or delivery should be made.
Under the Code of Civil Procedure, every suit shall be instituted in the Court of
athe highest grade competent to try it
bthe District Judge in all cases
cthe lowest grade competent to try it
dthe choice of the plaintiff irrespective of grade
Answer: C
Section 15 CPC mandates that every suit shall be instituted in the Court of the lowest grade competent to try it, to relieve higher courts of the burden of original work.
Section 11 CPC bars a Court from trying any suit or issue which has been directly and substantially in issue in a former suit between the same parties and finally decided by a competent court; Section 10 deals with res sub judice (stay of suit).
No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done in his official capacity, until
athe expiration of one month after notice in writing has been delivered
bno notice is required in any case
cthe expiration of two months after notice in writing has been delivered
dthe expiration of three months after notice in writing has been delivered
Answer: C
Section 80(1) CPC requires a two months' written notice to the Government or public officer before instituting such a suit.
Where it appears to the Court that there exist elements of a settlement, the provision under which the Court formulates the terms and refers the dispute for arbitration, conciliation, judicial settlement or mediation is
aSection 80 CPC
bSection 115 CPC
cSection 89 CPC
dSection 96 CPC
Answer: C
Section 89 CPC, introduced by the 1999 Amendment, empowers the Court to refer disputes to arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation where elements of a settlement exist.
A second appeal under Section 100 CPC to the High Court lies only
aas a matter of absolute right in every case
bif the case involves a substantial question of law
cwhere the value of the suit exceeds Rs. 1,00,000/-
don a question of fact
Answer: B
Section 100 CPC permits a second appeal to the High Court only if the High Court is satisfied that the case involves a substantial question of law, which must be formulated.
Where a suit is decreed and the decree is afterwards varied or reversed in appeal, the party entitled to any benefit by way of restitution may apply to the Court under
aSection 148 CPC
bSection 151 CPC
cSection 152 CPC
dSection 144 CPC
Answer: D
Section 144 CPC provides for restitution: on reversal or variation of a decree, the Court places the parties in the position they would have occupied but for the decree so reversed.
Where the defendant has not filed his written statement within thirty days from the date of service of summons, the Court may, for reasons to be recorded in writing, allow him to file it on such other day as may be specified, not later than
aforty-five days from the date of service of summons
bninety days from the date of service of summons
csixty days from the date of service of summons
done hundred twenty days from the date of service of summons
Answer: B
Under the proviso to Order VIII Rule 1 CPC, the time to file the written statement may be extended, but not beyond ninety days from the date of service of summons.
Where a sole defendant dies and the right to sue survives, the application to bring the legal representative of the deceased defendant on record is made under
aOrder XXII Rule 3 CPC
bOrder I Rule 10 CPC
cOrder XXII Rule 9 CPC
dOrder XXII Rule 4 CPC
Answer: D
Order XXII Rule 4 CPC governs the procedure on death of one of several defendants or of a sole defendant; Rule 3 deals with death of a plaintiff, and Rule 9 with setting aside abatement.
Where an application for execution of a decree is made more than two years after the date of the decree, the Court shall, before executing it, issue a notice to the judgment-debtor to show cause why the decree should not be executed. This notice is provided under
aOrder XXI Rule 22 CPC
bOrder XXI Rule 11 CPC
cOrder XXI Rule 90 CPC
dOrder XXI Rule 58 CPC
Answer: A
Order XXI Rule 22 CPC mandates issuance of a show-cause notice to the judgment-debtor where execution is sought more than two years after the decree (or against a legal representative).
An application to set aside the abatement of a suit, where the abatement has occurred on account of failure to bring the legal representative on record, is filed under
aOrder XXII Rule 4 CPC
bOrder XXII Rule 9 CPC
cOrder XXII Rule 3 CPC
dOrder IX Rule 13 CPC
Answer: B
Order XXII Rule 9 CPC empowers the plaintiff or his legal representative to apply for setting aside an abatement on showing sufficient cause for the failure to continue the suit.
Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police officer is required to inform the informant or the victim of the progress of the investigation, including by electronic communication, within
aone hundred and eighty days
bsixty days
cthirty days
dninety days
Answer: D
Section 193(3)(ii) BNSS introduces a duty on the police officer to inform the informant or victim of the progress of investigation within ninety days, including through electronic communication.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Judicial Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding
atwo years
bthree years
cseven years
dfive years
Answer: B
Section 23(1) of the BNSS empowers a Magistrate of the first class to pass a sentence of imprisonment for a term not exceeding three years, or fine not exceeding fifty thousand rupees, or both, or community service.
Information relating to the commission of a cognizable offence under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, may now be given to an officer in charge of a police station
aonly through the jurisdictional Magistrate
birrespective of the area where the offence is committed, by electronic communication as well
conly at the police station within whose limits the offence is committed
donly in writing and signed by the informant
Answer: B
Section 173(1) BNSS gives statutory recognition to the Zero FIR, allowing information about a cognizable offence to be given orally, in writing or by electronic communication, irrespective of the area where the offence is committed.
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, in case of an offence punishable with imprisonment of less than three years, a person who is infirm or above sixty years of age shall not be arrested without
athe consent of the person to be arrested
bsanction of the State Government
cprior permission of an officer not below the rank of Deputy Superintendent of Police
da warrant issued by the Magistrate
Answer: C
Section 35(7) BNSS bars arrest, in an offence punishable with imprisonment of less than three years, of an infirm person or one above sixty years without prior permission of an officer not below the rank of Deputy Superintendent of Police.
In an offence triable as a sessions case and punishable with imprisonment for ten years or more, the maximum period for which an accused may be detained under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the police report is filed, entitling him to default bail, is
a40 days
b60 days
c90 days
d15 days
Answer: C
Under Section 187 BNSS, the maximum period of detention pending investigation is ninety days for offences punishable with death, life imprisonment or imprisonment of not less than ten years, on the expiry of which the accused is entitled to default bail.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the process of conducting search and seizure, including preparation and signing of the list of seized things,
aneed not be recorded if independent witnesses are present
bmay optionally be photographed at the discretion of the officer
cmust be recorded only by a forensic expert
dshall be recorded through audio-video electronic means, preferably a mobile phone
Answer: D
Section 105 BNSS mandates that search and seizure, including preparation of the list of seized things and its signing by witnesses, shall be recorded through audio-video electronic means, preferably a mobile phone, and forwarded without delay to the Magistrate.
Where circumstances are beyond the control of a party, the maximum number of adjournments that a Criminal Court may grant under Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is
afive
bthree
cno limit is prescribed
dtwo
Answer: D
The proviso to Section 346 BNSS provides that, where circumstances are beyond the control of a party, not more than two adjournments may be granted by the Court, after hearing objections and recording reasons in writing.
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a trial in absentia of a proclaimed offender shall not commence unless a period has elapsed from the date of framing of the charge, namely
aninety days
bthirty days
cone hundred twenty days
dsixty days
Answer: A
Section 356 BNSS, which introduces trial in absentia of a proclaimed offender, provides that such trial shall not commence unless ninety days have elapsed from the date of framing of the charge.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender who has never been convicted of any offence is to be released on bond if he has undergone detention for a period extending up to
athe entire maximum period of imprisonment specified for the offence
bone-half of the maximum period of imprisonment specified for the offence
cone-fourth of the maximum period of imprisonment specified for the offence
done-third of the maximum period of imprisonment specified for the offence
Answer: D
The first proviso to Section 479(1) BNSS provides that a first-time offender, who has never been convicted of any offence, shall be released on bond by the Court on undergoing detention up to one-third of the maximum period of imprisonment specified for the offence.
Under Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the registered medical practitioner who examines the victim of rape shall forward the report to the investigating officer within a period of
atwenty-four hours
bseven days
cthree days
dfifteen days
Answer: B
Section 184 BNSS requires the registered medical practitioner to forward the report of the medical examination of a rape victim, without delay, to the investigating officer within a period of seven days.
A confession or statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the course of an investigation, may be recorded by
aany police officer of the rank of Inspector and above
bany Metropolitan or Judicial Magistrate
cthe Superintendent of Police only
dthe Sessions Judge alone
Answer: B
Section 183 BNSS (corresponding to old Section 164 CrPC) empowers a Metropolitan Magistrate or Judicial Magistrate to record confessions and statements made in the course of investigation; a police officer is not competent to record a confession.
Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police are required to inform the informant or victim about the progress of the investigation within a period of
aninety days
bthirty days
csixty days
done hundred eighty days
Answer: A
Section 193 BNSS requires the police officer to inform the informant or victim about the progress of the investigation, including by electronic communication, within ninety days.
Under Section 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023, trials, inquiries and proceedings, including examination of witnesses and recording of evidence,
amust in every case be held only in the physical presence of the parties
bmay be held in electronic mode by use of audio-video electronic means
ccan be held electronically only with the consent of the accused
dcan be held electronically only in appeals before the High Court
Answer: B
Section 530 BNSS provides that all trials, inquiries and proceedings, including issuance and service of summons and warrants, examination of witnesses and recording of evidence, may be held in electronic mode by use of audio-video electronic means.
A statement made to a police officer during investigation under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when reduced to writing,
ashall not be signed by the person making it
bmust be attested by two independent witnesses
cshall be signed by the person making it
dmust be countersigned by the Magistrate
Answer: A
Section 180 BNSS (corresponding to old Section 161 CrPC) provides that no statement made to a police officer in the course of investigation, if reduced to writing, shall be signed by the person making it.
Under the Bharatiya Nyaya Sanhita, 2023, watching or capturing the image of a woman engaging in a private act in circumstances where she would usually expect privacy constitutes
aassault to outrage modesty
bsexual harassment
cstalking
dvoyeurism
Answer: D
Section 77 BNS defines voyeurism as a man watching or capturing the image of a woman engaging in a private act where she expects privacy, corresponding to the former Section 354C IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence that has replaced the offence of sedition and penalises acts endangering the sovereignty, unity and integrity of India is contained in
aSection 152
bSection 113
cSection 147
dSection 124A
Answer: A
Section 152 BNS penalises acts endangering the sovereignty, unity and integrity of India and replaces the erstwhile offence of sedition under Section 124A IPC.
Under Section 62 of the Bharatiya Nyaya Sanhita, 2023, where no express provision is made for an attempt, the offender may be punished with imprisonment extending to
aone-third of the longest term provided for the offence
bone-fourth of the longest term provided for the offence
cthe full term provided for the completed offence
done-half of the longest term provided for the offence
Answer: D
Section 62 BNS (formerly Section 511 IPC) punishes an attempt with imprisonment of up to one-half of the imprisonment for life or one-half of the longest term provided for the completed offence.
Under the Bharatiya Nyaya Sanhita, 2023, the death of a woman caused by burns or bodily injury, otherwise than under normal circumstances, within seven years of her marriage, where she was subjected to cruelty in connection with a demand for dowry, is dealt with as 'dowry death' under
aSection 84 BNS
bSection 85 BNS
cSection 79 BNS
dSection 80 BNS
Answer: D
Section 80 of the BNS, 2023 defines and punishes dowry death, corresponding to the former Section 304-B IPC. The minimum sentence is imprisonment of not less than seven years.
The minimum sentence of imprisonment prescribed for the offence of dowry death under the Bharatiya Nyaya Sanhita, 2023 is
aseven years
bfive years
cten years
dthree years
Answer: A
Section 80(2) BNS provides that whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years, but which may extend to imprisonment for life.
Under the Bharatiya Nyaya Sanhita, 2023, when five or more persons acting in concert commit murder on the ground of race, caste or community, sex, place of birth, language or personal belief, each member is liable under Section 103(2) to
aimprisonment for life only, with no minimum term
brigorous imprisonment not less than three years and fine
cimprisonment which may extend to ten years and fine
ddeath, or imprisonment for life, or imprisonment for a term not less than seven years, and fine
Answer: D
Section 103(2) BNS specifically penalises 'mob lynching' type murders by a group of five or more on enumerated grounds, prescribing death or life imprisonment or a term not less than seven years, and fine. This is a new provision over the old IPC.
Under the Bharatiya Nyaya Sanhita, 2023, theft is said to be 'snatching' when, in order to commit theft, the offender suddenly or quickly or forcibly seizes or grabs movable property from any person. The provision dealing with snatching is
aSection 303 BNS
bSection 304 BNS
cSection 312 BNS
dSection 309 BNS
Answer: B
Section 304 BNS is a newly introduced offence of 'snatching', punishable with imprisonment which may extend to three years and fine. There was no corresponding distinct offence under the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, where the value of the property stolen is less than five thousand rupees and the offender is convicted for the first time, on restoration of the property he shall be punished with
aimprisonment which may extend to one year
bfine only
ccommunity service
dadmonition under probation
Answer: C
The proviso to Section 303(2) BNS provides that on first conviction for theft of property worth less than five thousand rupees, upon return or restoration of the property, the offender shall be punished with community service.
Under the Bharatiya Nyaya Sanhita, 2023, an assembly is designated an 'unlawful assembly' only if the number of persons composing it, sharing a common object specified in the section, is
atwo or more
bseven or more
cthree or more
dfive or more
Answer: D
Section 189 BNS retains the requirement of five or more persons with a common object of the kind enumerated to constitute an unlawful assembly.
Under the Bharatiya Nyaya Sanhita, 2023, the general exception that 'nothing is an offence which is done by a child under seven years of age' is contained in
aSection 21 BNS
bSection 22 BNS
cSection 20 BNS
dSection 25 BNS
Answer: C
Section 20 BNS provides doli incapax for a child under seven years of age, corresponding to the former Section 82 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal conspiracy is defined and dealt with under
aSection 61 BNS
bSection 120B BNS
cSection 59 BNS
dSection 120A BNS
Answer: A
Section 61 BNS defines criminal conspiracy as an agreement between two or more persons to do or cause to be done an illegal act, or a legal act by illegal means, replacing Sections 120A and 120B IPC.
The words 'Socialist', 'Secular' and 'Integrity' were inserted into the Preamble of the Constitution by
athe 1st Amendment Act, 1951
bthe 42nd Amendment Act, 1976
cthe 44th Amendment Act, 1978
dthe 52nd Amendment Act, 1985
Answer: B
The 42nd Amendment Act, 1976 changed the description of India to a 'Sovereign, Socialist, Secular, Democratic Republic' and substituted 'unity and integrity of the Nation' for 'unity of the Nation'.
The power of Parliament to amend the Constitution by way of addition, variation or repeal of any provision is conferred by
aArticle 356
bArticle 245
cArticle 368
dArticle 248
Answer: C
Article 368 vests in Parliament the constituent power to amend, by way of addition, variation or repeal, any provision of the Constitution in accordance with the procedure laid down therein.
In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court struck down clauses (4) and (5) of Article 368 (introduced by the 42nd Amendment) on the ground that
athey were repugnant to a parliamentary statute
blimited amending power is itself a basic feature, which Parliament cannot convert into unlimited power
cthey were not ratified by the requisite number of State legislatures
dthey violated the distribution of legislative powers under the Seventh Schedule
Answer: B
In Minerva Mills, the Court held that a limited amending power is a basic feature of the Constitution and Parliament cannot, by amendment, enlarge its limited power into an unlimited one; hence clauses (4) and (5) of Article 368 were struck down.
Under Article 13(2) of the Constitution, a law made by the State which takes away or abridges the rights conferred by Part III is, to the extent of the contravention,
amerely directory and unenforceable
bvoidable at the instance of the aggrieved person
cvalid until repealed by the legislature
dvoid
Answer: D
Article 13(2) declares that any law made in contravention of the fundamental rights in Part III shall, to the extent of the contravention, be void.
The power of a High Court to issue writs such as habeas corpus, mandamus, prohibition, quo warranto and certiorari is derived from
aArticle 227
bArticle 226
cArticle 131
dArticle 32
Answer: B
Article 226 empowers every High Court to issue directions, orders or writs, including habeas corpus, mandamus, prohibition, quo warranto and certiorari, for enforcement of fundamental rights and for any other purpose; Article 32 confers similar power only on the Supreme Court for fundamental rights.
The right to move the Supreme Court for enforcement of the rights conferred by Part III of the Constitution is itself guaranteed under
aArticle 226
bArticle 142
cArticle 136
dArticle 32
Answer: D
Article 32 guarantees the right to move the Supreme Court for enforcement of fundamental rights and is itself a fundamental right, described by Dr. Ambedkar as the 'heart and soul' of the Constitution.
The power of a High Court to issue writs under Article 226 can be exercised
aonly for enforcement of fundamental rights conferred by Part III
bfor enforcement of fundamental rights and also for any other purpose
conly where the Supreme Court refuses relief under Article 32
dnone of the above
Answer: B
Article 226 empowers a High Court to issue writs not only for enforcement of fundamental rights but also 'for any other purpose', making its writ jurisdiction wider than that of the Supreme Court under Article 32.
Appointment of a person, who is not already in the service of the Union or the State, as a District Judge under Article 233 requires that he should have been an advocate or pleader for not less than
aten years
bfive years
cseven years
dthree years
Answer: C
Under Article 233(2), a person not already in government service is eligible to be appointed a District Judge only if he has been an advocate or pleader for not less than seven years and is recommended by the High Court.
The appointment, posting and promotion of District Judges in a State is made by
athe Chief Justice of India
bthe High Court alone
cthe State Public Service Commission
dthe Governor of the State in consultation with the High Court
Answer: D
Article 233(1) provides that appointment, posting and promotion of District Judges shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in that State.
Control over District Courts and courts subordinate thereto, including posting, promotion and grant of leave to persons belonging to the judicial service, vests in
athe Supreme Court
bthe High Court
cthe Governor
dthe State Government
Answer: B
Article 235 vests control over District Courts and subordinate courts, including the posting, promotion and grant of leave to members of the judicial service below the rank of District Judge, in the High Court.
An oral account of the contents of a document given by some person who has himself seen it is, under the Bharatiya Sakshya Adhiniyam, 2023,
asecondary evidence under Section 58
bprimary evidence under Section 57
chearsay and inadmissible
dconclusive proof of contents
Answer: A
Secondary evidence under Section 58 of the BSA, 2023 (formerly Section 63 of the Indian Evidence Act) expressly includes oral accounts of the contents of a document given by a person who has himself seen it.
Marking a notable change from the earlier law, the Bharatiya Sakshya Adhiniyam, 2023 provides on the testimony of an accomplice that a conviction is not illegal if it proceeds upon the
asworn testimony of any single witness
bconfession of a co-accused alone
ccorroborated testimony of an accomplice
duncorroborated testimony of an accomplice
Answer: C
Section 138 of the BSA, 2023 replaces the word 'uncorroborated' in the old Section 133 of the Indian Evidence Act with 'corroborated', so the enacted text provides that an accomplice is a competent witness and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that no particular number of witnesses shall in any case be required for the proof of any fact is contained in
aSection 134
bSection 139
cSection 118
dSection 124
Answer: B
Section 139 of the BSA, 2023 (formerly Section 134 of the Indian Evidence Act) provides that no particular number of witnesses shall be required for proof of any fact.
A question suggesting the answer which the person putting it wishes or expects to receive is a leading question. Under the Bharatiya Sakshya Adhiniyam, 2023 leading questions are dealt with in
aSection 145
bSection 141
cSection 146
dSection 143
Answer: C
Section 146 of the BSA, 2023 (formerly Section 141/142 of the Indian Evidence Act) defines leading questions and restricts their use in examination-in-chief and re-examination without the Court's permission.
Oral evidence must, in all cases whatever, be direct. This foundational rule of the law of evidence is contained, under the Bharatiya Sakshya Adhiniyam, 2023, in
aSection 54
bSection 51
cSection 60
dSection 56
Answer: A
The requirement that oral evidence be direct, formerly Section 60 of the Indian Evidence Act, is now Section 54 of the BSA, 2023.
Under the Bharatiya Sakshya Adhiniyam, 2023, an electronic record produced as evidence must be accompanied by a certificate. A notable change from Section 65B of the Indian Evidence Act is that the certificate under Section 63 now requires
asignatures of the person in charge of the device and an expert
bno certificate at all where the record is digitally signed
cattestation by two independent witnesses
dthe signature of the accused alone
Answer: A
Section 63 of the BSA, 2023 (formerly Section 65B of the Indian Evidence Act) requires the certificate for electronic records to bear two signatures: that of the person in charge of the computer/communication device and that of an expert.
Under the Bharatiya Sakshya Adhiniyam, 2023, a confession made to a police officer
amay be proved against the accused if reduced to writing
bshall not be proved as against a person accused of any offence
cis conclusive proof of guilt
dmay be proved only with the sanction of the District Magistrate
Answer: B
Section 23(1) of the BSA, 2023 provides that no confession made to a police officer shall be proved as against a person accused of any offence, retaining the rule earlier found in Section 25 of the Indian Evidence Act.
Where a fact is deposed to as discovered in consequence of information received from a person accused of an offence while in police custody, so much of such information as relates distinctly to the fact discovered may be proved. This rule is contained in
aSection 27 of the Bharatiya Sakshya Adhiniyam, 2023
bthe proviso to Section 23 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 26 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 25 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: B
The discovery-of-fact exception (formerly Section 27 of the Indian Evidence Act) is reproduced as the proviso to Section 23(2) of the BSA, 2023, which deals with confessions made while in the custody of a police officer.
Under the Bharatiya Sakshya Adhiniyam, 2023, admissions
aare not conclusive proof of the matters admitted, but may operate as estoppel
bare conclusive proof of the matters admitted
ccan never be used against the maker
dmust always be proved by primary evidence
Answer: A
Section 25 of the BSA, 2023 provides that admissions are not conclusive proof of the matters admitted but may operate as estoppels under the provisions of the Act.
If 'A' is to the north of 'B', and 'C' is to the east of 'B', then in which direction is 'A' with respect to 'C'?
aSouth-West
bNorth-West
cSouth-East
dNorth-East
Answer: B
Placing B at the centre, A lies directly above it (north) and C lies to its right (east); hence from C, A lies to the upper-left, i.e. North-West.
Q69General Knowledge / Reasoning
The sum of the ages of a father and his son is 60 years. Six years ago, the father's age was five times the age of the son. The present age of the son is
a14 years
b18 years
c12 years
d16 years
Answer: A
Let the son's present age be x, so the father's is (60 - x). Six years ago: (60 - x - 6) = 5(x - 6), i.e. 54 - x = 5x - 30, giving 6x = 84 and x = 14. The son's present age is 14 years.
Q70General Knowledge / Reasoning
Choose the word that is the odd one out:
aCircle
bTriangle
cRectangle
dSquare
Answer: A
A triangle, square and rectangle are all rectilinear figures bounded by straight sides, whereas a circle is bounded by a curved line and has no sides.
Q71General Knowledge / Reasoning
If the day before yesterday was Thursday, then the day after tomorrow will be
aTuesday
bSunday
cWednesday
dMonday
Answer: D
If the day before yesterday was Thursday, then today is Saturday; the day after tomorrow is therefore Monday.
Q72General Knowledge / Reasoning
The cost price of an article is Rs. 400. If it is sold at a profit of 15%, the selling price of the article will be
The State of Karnataka came into existence (as the State of Mysore) on its present linguistic basis on
a1st November 1956
b26th January 1950
c15th August 1947
d1st November 1973
Answer: A
The unified Kannada-speaking State (then called Mysore State) was formed on 1 November 1956 under the States Reorganisation Act, 1956; it was renamed Karnataka in 1973. The day is celebrated as Karnataka Rajyotsava.
Under Section 14 of the Transfer of Property Act, the rule against perpetuity permits the vesting of an interest to be postponed up to the life or lives of persons living at the date of transfer and thereafter the
aperiod of 18 years from the date of transfer
bminority of a person in existence at the expiration of that period
clifetime of the ultimate beneficiary
dperiod of 21 years in all cases
Answer: B
Section 14 permits postponement of vesting up to the lifetime of one or more persons living at the date of transfer plus the minority of a person who shall be in existence at the expiration of that period, to whom the interest is to belong on attaining majority.
Under Section 54 of the Transfer of Property Act, a sale of tangible immovable property of the value of one hundred rupees and upwards can be made
aeither by a registered instrument or by delivery of possession
bonly by a registered instrument
cby an oral agreement accompanied by delivery of possession
donly by an unregistered instrument attested by two witnesses
Answer: B
Under Section 54, a sale of tangible immovable property of the value of Rs. 100 and upwards (or of a reversion or other intangible thing) can be made only by a registered instrument; below Rs. 100 it may be by registered instrument or by delivery.
Under Section 107 of the Transfer of Property Act, a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made
aeither by a registered instrument or by oral agreement
bby an oral agreement accompanied by delivery of possession
cby an unregistered instrument attested by two witnesses
donly by a registered instrument
Answer: D
Section 107 requires that a lease from year to year, or for a term exceeding one year, or reserving a yearly rent be made only by a registered instrument; all other leases may be made by registered instrument or by oral agreement with delivery of possession.
In the absence of a contract or local usage to the contrary, a lease of immovable property for manufacturing purposes is, under Section 106 of the Transfer of Property Act, deemed to be a lease
afrom month to month, terminable by fifteen days' notice
bfrom month to month, terminable by six months' notice
cfrom year to year, terminable by fifteen days' notice
dfrom year to year, terminable by six months' notice
Answer: D
Under Section 106, a lease for agricultural or manufacturing purposes is deemed a lease from year to year, terminable by six months' notice; a lease for any other purpose is a lease from month to month, terminable by fifteen days' notice.
Under Section 123 of the Transfer of Property Act, a gift of immovable property can be effected
aby a registered instrument signed by the donor and attested by at least two witnesses
bby an oral declaration accompanied by acceptance
cby an unregistered instrument signed by the donor and the donee
dby delivery of possession alone
Answer: A
Section 123 requires that a gift of immovable property be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; a gift of movable property may be by registered instrument or by delivery.
A transfers his property to B for life, and after B's death to such of B's sons as shall first attain the age of 25 years. The interest in favour of B's son is
avalid, but only as a contingent interest
bvoid, as it offends the rule against perpetuity
cvalid, as it vests on B's death
dvoid, as a son is not a person in existence at the date of transfer
Answer: B
Postponing vesting to age 25 exceeds the period allowed by Section 14 (life of B plus the minority of the ultimate beneficiary), so the gift to B's son offends the rule against perpetuity and is void.
The doctrine of election under Section 35 of the Transfer of Property Act requires that a person who takes a benefit under an instrument which also professes to transfer his own property
amay take the benefit and reject the burden in all cases
bcan never be put to election where the property is immovable
cmust accept every term of the instrument without exception
dmust elect either to confirm the whole instrument or to dissent from it
Answer: D
Section 35 enacts that where an instrument professes to transfer property of a person and also confers a benefit on him, he must elect either to confirm the transfer of his own property or to reject it (and give up the benefit); he cannot approbate and reprobate.
Compensation for loss or damage caused by breach of contract under Section 73 of the Indian Contract Act
aextends to remote and indirect loss arising from the breach
bis payable only where the breach is wilful
cis always equal to the amount stipulated in the contract
dis confined to loss which naturally arose in the usual course of things or which the parties knew was likely to result
Answer: D
Section 73 limits recovery to loss naturally arising in the usual course of things, or loss which the parties knew at the time of contracting to be likely to result; compensation is expressly not to be given for remote and indirect loss.
Where a sum is named in a contract as the amount to be paid in case of breach, Section 74 of the Indian Contract Act entitles the aggrieved party to
areasonable compensation not exceeding the amount so named, whether or not actual damage is proved
bdouble the amount named as the sum is treated as a penalty
conly the actual loss proved, and nothing if no loss is shown
dthe whole sum named, irrespective of actual loss
Answer: A
Section 74 entitles the party complaining of breach to reasonable compensation not exceeding the sum named or the penalty stipulated, whether or not actual damage or loss is proved to have been caused.
When an agreement is discovered to be void, or a contract becomes void, a person who has received any advantage under it
ais bound to restore it or make compensation for it to the person from whom he received it
bis entitled to retain the advantage as compensation
cis under no obligation, the contract being void
dis liable only if he was aware of the invalidity
Answer: A
Section 65 obliges any person who has received an advantage under an agreement discovered to be void, or a contract that becomes void, to restore it or to make compensation for it.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person is
aa contract of bailment
ba contract of guarantee
ca contract of indemnity under Section 124 of the Indian Contract Act
da wagering agreement
Answer: C
Section 124 defines a contract of indemnity as one to save the other party from loss caused by the conduct of the promisor himself or of any other person.
Among the following, the persons entitled to a general lien under Section 171 of the Indian Contract Act in the absence of a contrary contract are
aonly bankers and pawnees
bagents and sub-agents alone
cbankers, factors, wharfingers, attorneys of a High Court and policy-brokers
devery bailee of goods
Answer: C
Section 171 confers a general lien only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; other persons have only a particular lien unless there is an express contract.
In a suit for specific performance, Section 16(c) of the Specific Relief Act, 1963 (as amended in 2018) requires that the plaintiff
afails in his suit if he fails to prove that he has performed or has always been ready and willing to perform the essential terms of the contract on his part
bneed not prove anything regarding his own performance
cmust only deposit the consideration in court at the stage of decree
dmust prove that the defendant was ready and willing to perform
Answer: A
Section 16(c) bars relief to a plaintiff 'who fails to prove' that he has performed or has always been ready and willing to perform the essential terms of the contract to be performed by him.
Section 20A of the Specific Relief Act, 1963, inserted by the 2018 Amendment, provides that in a suit involving a contract relating to an infrastructure project specified in the Schedule
aonly the High Court has jurisdiction to try the suit
bspecific performance can never be granted
cno injunction shall be granted where it would cause impediment or delay in the progress or completion of the project
dcompensation alone may be awarded and no other relief
Answer: C
Section 20A bars the grant of any injunction in a suit on a contract relating to a scheduled infrastructure project where the injunction would impede or delay the project's progress or completion.
Section 31 of the Specific Relief Act, 1963 enables a person against whom a written instrument is void or voidable to sue to have it adjudged void or voidable. The court may so adjudge it
ain its discretion, and order the instrument to be delivered up and cancelled
bonly with the consent of all executants of the instrument
conly if the instrument is registered
das a matter of right of the plaintiff
Answer: A
Section 31 confers a discretionary power: where the plaintiff reasonably apprehends serious injury from the outstanding instrument, the court may in its discretion adjudge it void or voidable and order it delivered up and cancelled.
Under Section 38 of the Specific Relief Act, 1963, a perpetual injunction may be granted to the plaintiff
ato prevent the breach of an obligation existing in his favour
bto restrain prosecution of a criminal proceeding
conly against the State and its instrumentalities
donly to recover damages for a past breach
Answer: A
Section 38(1) provides that a perpetual injunction may be granted to prevent the breach of an obligation existing in the plaintiff's favour, whether expressly or by implication.
Under Section 22 of the Negotiable Instruments Act, 1881, an instrument not payable on demand, at sight or on presentment is at maturity on the
afirst day after the day on which it is expressed to be payable
bthird day after the day on which it is expressed to be payable
csecond day after the day on which it is expressed to be payable
dsame day on which it is expressed to be payable
Answer: B
Section 22 allows three days of grace; every promissory note or bill of exchange not expressed to be payable on demand, at sight or on presentment is at maturity on the third day after the day on which it is expressed to be payable.
Under the proviso to Section 138 of the Negotiable Instruments Act, 1881, the payee or holder in due course must make a demand by notice in writing within
afifteen days of receiving information from the bank regarding return of the cheque as unpaid
bsixty days of the date of the cheque
cthirty days of receiving information from the bank regarding return of the cheque as unpaid
dninety days of the dishonour
Answer: C
Proviso (b) to Section 138 requires the demand notice to be given in writing within thirty days of receiving information from the bank regarding return of the cheque as unpaid.
Under the proviso to Section 138 of the Negotiable Instruments Act, 1881, the drawer must make payment within ______ of receipt of the demand notice, failing which the offence is complete
aseven days
bone month
cthirty days
dfifteen days
Answer: D
Proviso (c) to Section 138 requires the drawer to pay the cheque amount within fifteen days of receipt of the notice; failure to do so within that period completes the offence.
The punishment prescribed under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of cheque is imprisonment which may extend to
afive years and fine, mandatorily
bone year, or fine which may extend to the amount of the cheque, or both
ctwo years, or fine which may extend to twice the amount of the cheque, or both
dthree years, or fine which may extend to thrice the amount of the cheque, or both
Answer: C
Section 138 provides imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both.
Where a tenant is to be evicted on the ground of arrears under Section 27(2)(a), the Court shall direct him to vacate unless he pays or deposits the arrears into Court within
afifteen days from the date of the order
btwo months from the date of the order
cone month from the date of the order
dthree months from the date of the order
Answer: C
The second proviso to Section 27(2)(a) gives the tenant a final opportunity to avoid eviction by paying or depositing the arrears (and rent up to date) within one month of the date of the order of eviction.
Under Section 4 of the Karnataka Rent Act, 1999, after the commencement of the Act, no person shall let or take on rent any premises except by
aa lease deed of not less than eleven months
ban agreement in writing which is required to be registered under the Registration Act, 1908
can oral arrangement attested by two witnesses
dpermission obtained in advance from the Controller
Answer: B
Section 4 requires every tenancy to be by a written agreement, and sub-section (2) deems such agreement to be a document compulsorily registrable under Section 17 of the Registration Act, 1908.
Under Section 7 of the Karnataka Rent Act, 1999, the standard rent of premises is calculated on the basis of
aeight per cent per annum of the cost of construction and market price of the land
bfifteen per cent per annum of the market value of the premises
cten per cent per annum of the aggregate of the cost of construction and the market price of the land
dtwelve per cent per annum of the cost of construction alone
Answer: C
Section 7(1) fixes standard rent at ten per cent per annum of the aggregate of the cost of construction and the market price of the land comprised in the premises on the date construction commenced.
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